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File #: 17-0214    Version: 1 Name: 3/6/17 Ann Arbor Hotel LLC Sanitary Easement
Type: Resolution Status: Passed
File created: 3/6/2017 In control: City Council
On agenda: 3/6/2017 Final action: 3/6/2017
Enactment date: 3/6/2017 Enactment #: R-17-057
Title: Resolution to Accept a Sanitary Sewer Easement at 3600 Plymouth Road from Ann Arbor Hotel LLC (8 Votes Required)
Attachments: 1. Drawing-3600 Plymouth sanitary easement, 2. City Easements Escrow Agreement (fully executed).pdf

Title

Resolution to Accept a Sanitary Sewer Easement at 3600 Plymouth Road from Ann Arbor Hotel LLC (8 Votes Required)

Memorandum

This easement is one of three easements that are part of the proposed Flagstar Bank development at 3600 Plymouth Road. Flagstar Bank proposes to purchase a portion of Ann Arbor Hotel LLC property to construct the development. The executed easements are being held in escrow by American Title Company of Washtenaw in Ann Arbor pending the sale of the property to Flagstar, at which time the easements will be recorded per the escrow agreement (attached).

 

This resolution accepts the easement only upon the condition that the sale of Flagstar property is closed and the easement is recorded. If the easement is not recorded, the acceptance will be void. Note that the development as proposed will not be permitted without recording these easements.

 

This easement is in standard form and is conveyed without cost to the City. Acceptance of this easement is recommended

Staff

Prepared by:                       Michele Yanga, Legal Assistant

Reviewed by:  Christopher Frost, Assistant City Attorney

Approved by:  Howard S. Lazarus, City Administrator

Body

Whereas, Ann Arbor Hotel LLC is the owner of property described at Liber 5088, Page 517 of Deeds, Washtenaw County Records; and

 

Whereas, Ann Arbor Hotel LLC has signed a grant of easement for sanitary sewers and appurtenances, described as:

 

VARIABLE WIDTH SANITARY SEWER EASEMENT 1 - Exhibit A

 

A variable width sanitary sewer easement over the above described "Holiday Inn" Parcel No. 09-09-14-401-011, being lands in part of the Southeast 1/4 of Section 14, Town 2 South, Range 6 East, City of Ann Arbor, Washtenaw County, Michigan, said easement being more particularly described as:

Commencing at the South 1/4 corner of said Section 14; thence along the South line of said Section 14, S89°19'45"E, 541.10 feet; thence N00°05'50"E, 511.73 feet to the POINT OF BEGINNING; thence along said easement the following six (6) courses:

 

1)                     continuing (L1) N00°05'50"E, 45.71 feet;

2)                     (L2) N52°03'03"E, 187.43 feet;

3)                     (L3) N26°08'46"W, 90.78 feet;

4)                     (L4) N70°54'30"E, 30.23 feet;

5)                     (L5) S26°08'46"E, 117.58 feet and;

6)                     (L6) S52°03'03"W, 238.73 feet to the POINT OF BEGINNING.

 

Containing ±10,796 square feet of land, as illustrated on Exhibit A.

 

VARIABLE WIDTH SANITARY SEWER EASEMENT 2 - Exhibit B

 

A variable width sanitary sewer easement over the above described "Flagstar Bank" Parcel No. 09-09-14-401-010, being land in the Southeast 1/4 of Section 14, Town 2 South, Range 6 East, City of Ann Arbor, Washtenaw County, Michigan, said easement being more particularly described as:

 

Commencing at the South 1/4 corner of said Section 14; thence along the South line of said Section 14, S89°19'45"E, 541.10 feet; thence N00°05'50"E, 698.80 feet; thence N19°05'30"W, 238.10 feet to the South line of Plymouth Road (100 foot wide - as recorded in Liber 261, Page 179, Washtenaw County Records); thence along said South line N70°54'30"E, 75.00 feet; thence S19°05'30"E, 220.92 feet; thence (L1) N70°54'30"E, 44.76 feet to the POINT OF BEGINNING; thence along said easement the following four (4) courses:

 

1)                     (L2) N26°08'46"W, 4.49 feet;

2)                     (L3) N63°51'14"E, 30.00 feet;

3)                     (L4) S26°08'46"E, 8.20 feet and;

4)                     (L5) S70°54'30"W, 30.23 feet to the POINT OF BEGINNING.

 

Containing ±190 square feet of land, as illustrated on Exhibit B.

 

RESOLVED, That the City of Ann Arbor hereby accepts this grant of easement pending recording under an escrow agreement between Ann Arbor Hotel LLC and American Title Company of Washtenaw, dated February 17, 2017; and that if this easement is not recorded, this acceptance is void.